International Law Commons^™

From Vulnerability To Justice: Reframing Indigenous Disaster Recovery Through A Human Rights-Based Lens, Portia Ozioma Chigbu

Notre Dame Journal of International & Comparative Law

Indigenous populations regard their cultural identity as central to their way of life, and their traditional lifestyles often place them in remote areas, isolating them from mainstream society. This isolation creates a unique set of human rights challenges, such as limited access to healthcare, restricted political representation, housing insecurity, and poor living conditions, making them especially vulnerable compared to other groups. In the context of climate change and the rising frequency of natural disasters worldwide, these vulnerabilities become more protracted and intensified. Since Indigenous populations already face structural disadvantages before disasters strike, such events deepen their vulnerabilities, increase their risk …

The Art Of Misuse: Could The European Union Benefit From The U.S. Copyright Doctrine?, Isabella Fazio

Notre Dame Journal of International & Comparative Law

No abstract provided.

Volume 16 Issue 2 Masthead

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Intertemporal Law Doctrine's Application To The Acquisition Of Colonies In The Americas, Kent Mcneil

Notre Dame Journal of International & Comparative Law

No abstract provided.

Insurgent Until Proven Innocent: Land, Power, And The Right To Defend Rights, Kelsey Jost-Creegan

Michigan Journal of International Law

As the climate crisis intensifies, advocates worldwide have stood up to defend their communities, territories, and environment. In response, they have faced violent retaliation. This repression persists despite evolving international, regional, and national-level legal frameworks around the “right to defend rights” and the “right to protection.” This article begins by providing a comprehensive overview of this evolving legal landscape. Against this backdrop, the article examines the tactics and architectures of violence used to repress land and environmental defenders through the lens of counterinsurgency theory.

The article proposes a typology of counterinsurgent violence including: surveillance; stigmatization; criminalization; arbitrary detention; infiltration; cooptation; …

Reimagining International Investment Law For The Age Of Minerals, Taylor Nchako

Washington and Lee Law Review

New technologies––from artificial intelligence (AI) and electric vehicles to medical devices and consumer electronics––demand an ever-increasing amount of minerals like lithium, cobalt, and copper. The United States requires these aptly named “critical” minerals to develop AI infrastructure, advance the clean energy transition, and remain economically competitive. As technology continues to advance at an astonishing pace, the U.S. has grown increasingly interested in securing critical minerals from sources in Africa. To obtain critical minerals, the U.S. must utilize investment treaties in its business dealings with African countries. At the same time, international investment law has garnered increased attention due to a …

Women’S Participation In Middle Eastern Politics: Between Cultural Norms And Democratic Aspirations, Siham Abidi, Thomas Sheku Marah

Journal Of Middle East and Islamic Studies

Women’s political participation in the Middle East remains shaped by the complex interaction of cultural norms, religious interpretations, and democratic reform processes. While existing scholarship has examined these factors extensively, limited attention has been devoted to explaining why women’s political participation varies across states with broadly similar socio-cultural and religious contexts. This study addresses this gap through a qualitative comparative analysis of Tunisia, Saudi Arabia, and Iran. Guided by Feminist Institutionalism and Political Opportunity Structure theory, the study draws on secondary data from peer-reviewed literature, legal documents, and policy reports. The findings demonstrate that women’s political participation is not determined …

The Rise Of Options Contracts In Sports, The Post-Murphy Regulatory Conundrum, And Implications On Federalism, Scott Barboza

UNH Sports Law Review

The Supreme Court’s decision in Murphy v. N.C.A.A. dismantled the federal prohibition on state-authorized sports betting and returned its primary regulatory authority over to the states. Following Murphy, states adopted widely varying sports-betting regimes. At the same time, advances in financial technology and the growing popularity of prediction markets created a new form of event-based speculation operating outside the traditional sportsbook model. Platforms such as Kalshi began offering “yes-no” contracts tied to sporting outcomes through federally regulated exchanges overseen by the Commodity Futures Trading Commission, framing such products not as wagers, but as financial derivatives governed by the Commodity Exchange …

Gender Perspective(S): Lessons From International Human Rights Law To Defend Against Pregnancy Related Prosecutions, Megan Osadzinski

Northwestern Journal of Human Rights

The criminalization of pregnancy outcomes—such as miscarriages, abortion, obstetric emergencies, and stillbirth—is a violation of fundamental human rights guarantees; including the right to a fair trial when read in conjunction with the right to equality and the right to health. This article outlines state obligations under international human rights law toward women charged in pregnancy prosecutions, translating them into national criminal defense strategies using a gender perspective. Using intersectional theory, this article calls for the use of a gender perspective to challenge such prosecutions as unlawful gender-based discrimination and a gendered violation of due process, using the case study of …

Comparative Analysis Of Freedom Of Thought, Conscience, And Religion In India, Pakistan, And Bangladesh, Abhishek Chakrabarti

Northwestern Journal of Human Rights

The freedom of thought, conscience, and religion is a fundamental human right enshrined in Article 18 of The Universal Declaration on Human Rights (UDHR). However, religious minorities in South Asia are often deprived of this fundamental right. Muslims in India, Ahmadiyyas, Hindus, and Christians in Pakistan, and Hindus in Bangladesh face challenges including educational marginalization, economic and political marginalization, and social stigma in the society. The Note presents a comparative analysis of the freedom of thought, conscience, and religion across the three most populous countries in South Asia–India, Pakistan, and Bangladesh–that also share a long cultural, linguistic, and religious history. …

From The Common Heritage Of Mankind To The Artemis Accords: The Perspective Of Developing Countries In Southeast Asia, Ridha Aditya Nugraha, Lalin Kovudhikulrungsri, Runggu Prilia Ardes, Rio Christiawan

Indonesian Journal of International Law

The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies of 1979 enshrines that the moon as a Common Heritage of Mankind (CHM), which highlights equitable sharing. This is considered a reason why the Agreement only attracted 17 member States. In order to return to the moon by 2028, the United States arranged the Artemis Accords. This non-binding arrangement discusses the utilization of space resources and the non-appropriation principle under international space law. The Artemis Accords can be interpreted as a subsequent practice related to space law treaties. However, the accord excludes the Moon Agreement, which …

Decolonizing International Law, Modirzadeh’S Critique, And Homework For Islamic International Law Scholarship: An Attasian Approach, Fajri Matahati Muhammadin, Rafsi Azzam Hibatullah Albar

Indonesian Journal of International Law

Naz Khatoon Modirzadeh published an article criticizing the Third World Approaches to International Law (TWAIL) movement for its purported inability to achieve its purpose as a response to one of the major international law decolonization projects. One of her criticisms is that TWAIL lacks a cohesive counter-vision of international law, actual representation of third-world views, and organized political movements. Within the heavily diverse (which is one of the problems) TWAIL camp, among others, is the voice of Islamic law. Most Muslim nations have been at the receiving end of the brute force of colonialism. Colonialism is, in fact, responsible for …

After Ratification: How Will Indonesia Navigate The Bbnj Agreement?, Febryani Sabatira, Ria Wierma Putri, Orima Melati Davey

Indonesian Journal of International Law

Indonesia’s ratification of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) signals its entry into a new phase of ocean governance. Translating this commitment into practice requires understanding the Agreement’s scope, assessing its institutional design, and evaluating its implications for Indonesia’s marine legal framework. This paper applies a normative legal analysis and draws on international treaties, domestic laws, and policy instruments to examine the BBNJ’s four substantive pillars—marine genetic resources, area-based management tools, environmental impact assessments, and capacity building and technology transfer—and their relevance to global and national biodiversity …

Crisis Aporias In Questioning International Law’S Efficacy And Legitimacy, Swati Singh Parmar

Indonesian Journal of International Law

International law events have been sites of contestation among teachers and scholars of international law and beyond. With each unsettling international event, the international law academe faces new wine in the old bottle questions on international law efficacy based on managerial expectations of international law. Though mostly unfair and disproportionate, these questions–diffused and embodied in teaching and otherwise–weigh heavily on international law’s efficacy and legitimacy during and even beyond the temporality of such events. Before any objective and horizontal assessment of IL through crises, as international law scholars, we must try to ask ourselves a few questions. What makes a …

The Impact Of International Trade Liberalization On Oil And Gas Management Policies In Developing Countries: A Case Study Of Indonesia, Bagus Satrio Utomo, Purnomo Yusgiantoro, Suyono Thamrin, Donny Yusgiantoro

Indonesian Journal of International Law

This study aims to analyze the impact of international trade liberalization on oil and gas management policies in developing countries, with a focus on Indonesia as a case study. As a country rich in natural resources, Indonesia faces challenges in maintaining sovereignty over the management of its national oil and gas industry amidst commitments to international trade agreements such as the GATT/WTO. Through a qualitative approach and analysis of international agreement documents, national regulations, and oil and gas industry data, this study finds a significant influence of trade liberalization principles on oil and gas management policies in Indonesia. The results …

Climate Refugees And The Global Common Concern: ‘Rethinking Responsibility Sharing’ In International Law, Saheli Chakraborty, T.V.G.N.S Sudhakar

Indonesian Journal of International Law

Climate change is a fervently sought manifestation that has disproportionately impacted human rights. Amongst galore impediments, climate change has left an indelible mark on human mobility. The climate change-induced migrants, compelled to move beyond the borders, are caught in a double-edged sword. The foremost starts with the ‘’recognitional void” under the refugee law regime. At the outset of differential recognition, the scale of an apprehensive crisis is further questionable. However, acknowledging that no state can protect climate refugees nor address climate change alone, the need for responsibility sharing has been suggested as a sustainable contrivance in approach to the contemporary …

The Role Of National Recapitalization Funds In Sovereign Lending, Elena Gabriela Olariu, Konstantina Panagopoulou Perez

Journal of Financial Crises

The Global Financial Crisis of 2007–2009 showed that a substantial portion of funds borrowed by a state from a lender of last resort may be allocated to bank recapitalization. While national recapitalization funds are not themselves borrowers, they play a key role in recovery operations. This article analyses how lenders, such as the European Stability Mechanism (ESM) and the European Financial Stability Facility (EFSF), incorporate recapitalization funds into their lending framework and how they deal with extraordinary events, such as corporate transformations or liquidation of these funds. To do this, we formulate three key principles that a lender may consider …

La Compétence Internationale Des Juridictions Dans Les Litiges Nés De Contrats Administratifs Internationaux, Rita Waked

Proche-Orient, Études juridiques

No abstract provided.

Le Droit Au Travail Dans Les Pays Du Moyen-Orient, Georges Kadige

Proche-Orient, Études juridiques

No abstract provided.

La Résolution Des Conflits Positifs De Nationalités En Droit International Privé Libanais, Lina Charbel

Proche-Orient, Études juridiques

No abstract provided.

Le Parlement Arabe, Gilbert Aoun

Proche-Orient, Études juridiques

No abstract provided.

Les Testaments Consulaires, Gilbert Aoun

Proche-Orient, Études juridiques

No abstract provided.

Canada’S Contributions To International Legal Discourse: Gender, Genocide, And Neocolonial Investments (2015–2025), Heidi Matthews

Articles & Book Chapters

This chapter critically evaluates Canada’s major points of engagement with international law in the period between 2015 and 2025. In partnership with European and Commonwealth allies, Canada has been an active participant in several contentious cases at the International Court of Justice (ICJ), including against Myanmar, Syria, and Afghanistan. Canada has taken progressive legal positions in this litigation with respect to the interpretation and application of international law as it relates to sexual and gender-based crimes, as well as abuses committed against children. However, the past decade also reveals that Canada’s policy responses to its genocide and other crimes against …

A Sovereign Peace: Reconceptualizing The Law Of Sovereignty In The Taiwan Strait, Alyssa Resar

International Law Studies

China and Taiwan’s enduring dispute stems from a fundamental disagreement over Taiwan’s sovereignty. Drawing on binary conceptions of sovereignty in international law, the Chinese government argues that there can only be one legitimate Chinese sovereign—and that China is this sovereign. Meanwhile, Taiwan’s current government maintains that the Republic of China (Taiwan’s official title) is itself a sovereign, independent entity. As the two governments cling fiercely to their positions, bilateral diplomacy has ceased, and the risk of catastrophic war has risen.

This article argues that international law nonetheless offers the conceptual tools needed to build peace in the Taiwan Strait by …

Bleeding Into Human Rights Law: The Need For A Special Procedure On The Right To Menstrual Health, Hunter Tarry

BYU Law Review

Menstruation, a fundamental biological process experienced by nearly half of the global population, remains shrouded in stigma and silence despite its critical role in sustaining human life. Many women and girls face inadequate menstrual health management and education, undermining their ability to experience a full range of human rights. While menstruation has gained increased public visibility in recent years, the United Nations (UN)—the cornerstone of the global human rights system—has been slow to meaningfully integrate this issue into its agenda. The time is now for the UN to formally recognize menstrual health as a human right by advancing global advocacy …

The Non‑Penalization Machine: Mixed Movements In A Security‑Driven European Border Order, Raghda Elessawy

Theses and Dissertations

This thesis investigates how the non‑penalization principle for irregular border crossing is formally upheld yet effectively undermined in contemporary migration governance. It argues that non‑penalization now operates as a narrow, conditional and status‑dependent “machine” whose protections are fragmented across refugee, smuggling and trafficking regimes and heavily mediated by open‑textured conditions and domestic discretion. Part I reconstructs this doctrinal architecture, showing how key norms convert a humanitarian intuition into limited exceptions within a legal order that otherwise normalizes the criminalization of irregular movement. Part II situates this fragile framework within security‑driven and externalized forms of European border control, where punishment is …

Sdilj V. 27-2 Masthead

San Diego International Law Journal

No abstract provided.

Recalibrating The Veto Power In A Multipolar World: From Power To Fairness And Accountability In International Law, Dr. Ardit Memeti, Dr. Fatemah Albader

San Diego International Law Journal

This Article draws upon the principles of nemo iudex in causa sua and par in parem non habet imperium to emphasize the moral and legal contradictions inherent in the current use and structure of the Permanent 5 (P5) veto power in the United Nations Security Council (UNSC, Security Council, or Council). This Article proposes that targeted reform to suspend the veto power in very limited cases where the P5 members are direct parties to a dispute would address these moral and legal contradictions. The Russia-Ukraine conflict exemplifies how the (mis)use of the veto power by a P5 member can paralyze …

Home Is Not Always Where The Heart Is: Examining The Inadequacy Of Legal Measures In The Deportation Of American Intercountry Adoptees, Katie X. Kaessinger, Esq.

San Diego International Law Journal

Despite entering the United States legally as children through intercountry adoption, thousands of American adoptees face deportation as adults because their parents failed to finalize their citizenship. Many of these adoptees have no meaningful linguistic, cultural, or familiar ties to their birth countries, and most have lived in the United States practically their entire lives. This Article explores the legal implications regarding the deportation of intercountry adoptees. More specifically, this Article argues that the deportation of intercountry adoptees reflects a grave systemic failure that violates international human rights law, rather than a mere shortcoming of domestic immigration policy.

Consulting various …

From Party Policy To Law: The Formalization Of The Chinese Communist Party’S Role In State-Owned Enterprise Governance, Jie Zeng

San Diego International Law Journal

For the first time, grassroots branches of the Chinese Communist Party (CCP) were formally granted leadership roles and major decision-making authority under Chinese Company Law in 2024. This change has made China the only jurisdiction that has, at the national law level, authorized its main political party to engage directly in corporate governance without being a shareholder. While this may appear to be the result of President Xi Jinping’s party-building campaign, party involvement in corporate governance goes back to the Maoist era. This Article examines the evolution of state-owned enterprise (SOE) governance from 1949 to the present, illustrating that even …